Employee Liability - Legal Aid

Questioner

LS During my work hours, I had to drive between locations. The company car wasn't available, so I had to use my own. Unfortunately, during this trip, I damaged a parked car. What about liability for the damage? After all, if I had been able to drive the company car, I would have been free of charge. My employer gave me no choice; I had to use my own car. I am curious about your answer, thanks in advance.

Lawyer

The vehicle with which the damage was caused does not matter. Damage caused by an employee is the responsibility of/recoverable from the employer, unless the employee is guilty of intent or gross recklessness. Deviations from this are only possible by agreement (provided the employee is insured). The relevant article of law is listed below. Article 7:661 of the Dutch Civil Code 1. An employee who, during the performance of the agreement, causes damage to the employer or to a third party to whom the employer is obligated to compensate for such damage is not liable to the employer in this regard, unless the damage is the result of their intent or deliberate recklessness. The circumstances of the case, taking also into account the nature of the agreement, may result in a situation other than that stipulated in the previous sentence. 2. Deviation from paragraph 1 and from Article 170, paragraph 3, of Book 6 to the detriment of the employee is only possible by written agreement and only to the extent that the employee is insured in this regard.

Lawyer

Dear questioner, In most cases, your employer is liable for your own damages. Only if there is intent or deliberate recklessness on your part will you be liable for your own damages. For damage to a third party's vehicle, both you and your employer are liable. The third party doesn't have to worry about the fact that the accident occurred during working hours. However, in your mutual relationship (employer-employee) you are not liable and you can take recourse against your employer for the amounts paid by you to the third party (this also applies to your insurer). I assume your employer is insured for these types of situations. Otherwise, your employer will have to cover the damages themselves.